NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Ken Kumar v David Aylmer Ritchie [2006] NSWIRComm 323
PROSECUTOR: Inspector Ken Kumar PARTIES: DEFENDANT: David Aylmer Ritchie
FILE NUMBER(S): IRC 150 of 2005
CORAM: Haylen J
CATCHWORDS: Occupational Health & Safety Act 2000 - s 8(1) - s 26(1) - director taken to have contravened the same provision where corporation contravenes the Act - defences raised under provisions of s 26(1)(a) and (b) - specialist container wash operation - use of combustible chemicals - explosion results in death of employee - extensive failures by corporate defendant - director also the CEO of corporate Group and involved in many companies - daily duties remoteness from the site and lack of hands-on involvement in safety matters relied upon - consideration of nature of s 26(1) defences - effect of evidence where both s (1)(a) and s (1)(b) defences relied upon - objective test of capacity to influence the conduct of corporation - defences not established by defendant - offence proved
Commissioner for Corporate Affairs v Bracht [1989] VR 821 Griggs v Australian Securities Commission [1999] SASC 405 Inspector Cameron v Wanless (unreported, 8 October 1997 - CT 1127/96 p 16 Inspector Ken Kumar v John Julian Rose [2006] NSWIRComm 325 Inspector Ken Kumar v Owens Container Services Australia Pty Ltd [2006] NSWIRComm 324 Inspector Martin v Newcastle Wallsend Coal Co Pty Ltd & ors [2004] NSWIRComm 202 CASES CITED: Morrison v Eureka Opals Pty Ltd [2005] NSWIRComm 437 Morrison v Powercoal Pty Ltd and anor (2004) 137 IR 253 Omnicon Video Pty Ltd v Kookaburra Productions Pty Ltd Receiver and Manager appointed and ors (unreported, 13 November 1995) State Pollution Control Commission v Kelly (1991) 5 ASCR 607 at 609 Universal Telecasters v Guthrie (1978) 18 ALR 531 at 534 WorkCover Authority v Daly Smith Corporation [2004}] NSWIRComm 349 WorkCover Authority of New South Wales (Inspector Buggy) v Weathertex Pty Ltd 127 IR 60 WorkCover Authority of NSW (Inspector Page) v Walco Hoist Rentals Pty Ltd and anor (No 2); [2000] 99 IR 163
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